RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-01507
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be allowed to transfer his Post-9/11 GI Bill education
benefits to his dependents.
_________________________________________________________________
APPLICANT CONTENDS THAT:
While he was on active duty he was not able to transfer his
remaining education benefits to his youngest son because he was
not 18 years old.
The applicant's complete submission, with an attachment, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant is a former Air Force Reserve member who was
transferred to the Retired Reserve on 25 May 10.
The website for the transfer of Post-9/11 GI Benefits states any
member of the Armed Forces, active duty or Selected Reserves,
officer, or enlisted, on or after 1 Aug 09, who is eligible for
the Post-9/11 GI bill, has at least six years of service in the
Armed Forces on the date of election, and agrees to serve a
specified additional period of duty in the Armed Forces from the
date of election, may transfer unused Post-9/11 benefits to their
dependents.
An individual approved to transfer an entitlement to educational
assistance under Post-9/11 may transfer their entitlement to:
The individual's spouse; one or more of the individuals
children, any combination of spouse and child, a family member
must be enrolled in the Defense Eligibility Enrollment Reporting
System (DEERS) and be eligible for benefits, at the time of
transfer to receive transferred educational benefits.
The remaining relevant facts pertaining to this application are
contained in the letter prepared by the appropriate office of the
Air Force, which is attached at Exhibit C.
_________________________________________________________________
AIR FORCE EVALUATION:
NGB/A1YR recommends denial indicating there is no evidence of an
error or injustice. There is not an age limit for how young a
dependent can be, to be designated by the service member to
receive Post-9/11 GI Bill education benefits. The Transfer of
Education Benefits (TEB) website pulls its dependent data from
the Defense Enrollment Eligibility Reporting System (DEERS). Any
child dependent (except for legal Wards) listed in DEERS from
ages newborn to 20 years old, if not a full-time student in
college, or ages 21 years to 22 years, if full time college
student, may be designated to receive the education benefits.
The complete NGB/A1YR evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant
on 19 Jun 12, for review and comment within 30 days. As of this
date, no response has been received by this office.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing
law or regulations.
2. The application was timely filed.
3. Insufficient relevant evidence has been presented to
demonstrate the existence of an error or injustice. We took
notice of the applicant's complete submission in judging the
merits of the case; however, we agree with the opinion and
recommendation of the Air Force office of primary responsibility
and adopt its rationale as the basis for our conclusion the
applicant has not been the victim of an error or injustice.
Therefore, in the absence of evidence to the contrary, we find no
basis to recommend granting the relief sought in this
application.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not
demonstrate the existence of an error or injustice; the
application was denied without a personal appearance; and the
application will only be reconsidered upon the submission of
newly discovered relevant evidence not considered with this
application.
_________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2012-01507 in Executive Session on 11 Feb 13, under the
provisions of AFI 36-2603:
Acting Panel Chair
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 18 Apr 12, w/atchs.
Exhibit B. Applicants Military Personnel Records.
Exhibit C. Letter, NGB/A1YR, dated 22 May 12.
Exhibit D. Letter, SAF/MRBR, dated 19 Jun 12.
Acting Panel Chair
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